BOARD OF SELECTMEN MINUTES OF AUGUST 13, 2007 MEETING
PRESENT: Selectmen Jerry Klima, Chairman, Don Beaulieu, Ed Hunt, Henry Richenburg, and Fred Knowles
ALSO PRESENT: Neil J. Harrington, Town Manager, and Janet Flannery, Secretary
I. Call to Order/Salute to the Flag
Chairman Klima called the meeting to order at 7:00 PM.
II. Acceptance of Minutes
Minutes of July 16, 2007
Motion by Selectman Beaulieu,
Second by Selectman Richenburg; unanimously voted to approve the Minutes of July
16, 2007, with one correction to Item I – Change Chairman Richenburg to
Chairman Klima.
III. Old Business - none
IV. New Business
a. License Renewals:
Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to renew a General license for Denise’s Convenience – 183 No. End Blvd.
Motion by Selectman Richenburg,
Second by Selectman Beaulieu; unanimously voted to renew a General license for DL Hutchinson Heavy Equipment Co., Inc. –
b. New Licenses
Motion by Selectman Beaulieu,
Second by Selectman Knowles; unanimously voted to approve a Common Victualer license to RJA d/b/a
Chef’s Old World Café –
c. Committee Appointments
Historical Commission – 1 vacancy – 1 applicant: Ruth True
Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to re-appoint Ruth True to the Historical Commission for a 3-year term expiring on June 30, 2010.
Rent Control Board – 2 vacancies – 1 applicant: Alana Gilbert
Motion by Selectman Richenburg, Second by Selectman Knowles; unanimously voted to appoint Alana Gilbert to serve on the Rent Control Board for a 3-year term expiring on June 30, 2010.
The remaining vacancy will be re-posted.
d. Update/Presentations: Town Clerk and DPW
Director
Ms. Mahoney announced that the resident books, which are produced in-house by her assistant Christine Marshall are now available at a cost of $10.00; it is also on disc which can be purchased for $10.00. The Town Code book is also available in the Clerk’s office and is on-line or a bound copy may be purchased for $75.00. She then gave an overview of the dates and deadlines for the Fall Town Meeting and the federal and local census updates. In closing she thanked all town department personnel for their help and cooperation .
BOARD OF SELECTMEN MINUTES OF AUGUST 13, 2007 MEETING
DPW Director, Mr. Levesque – the DPW is the most visible department and the only department that affects the residents on a day to day basis, and is comprised of ten areas: highway, parks, recreation, cemeteries, parking lot, comfort station, landfill solid waste, re-cycling, wastewater treatment plant and the water department. A lot of activities are performed with very few employees on the staff. He extended his thanks and appreciation to Sheriff Cousins, his staff and inmates for assisting in keeping the beach area clean; he also thanked the Salisbury Taxpayers Assoc. for their town clean-ups.
In the past 8 months his
department has issued 62 street opening permits, received and responded to 37
engineering requests, 27 pot hole request versus 107 five years ago, street
sweeping has been done on 5 different occasions, storm water management is
being addressed and is under control.
The salt barn has been knocked down and he will be going before the
Conservation Commission soon and hopes to have the new building in place in
November. Depending on Chapter 90 monies
he is hoping to re-pave
e. Paul Cote – Update on Nelson’s Ride
Chairman Klima has received several calls from residents expressing their concern about traffic delays, etc. resulting from Nelson’s Ride. Therefore he asked Mr. Cote to give an update this evening. Mr. Cote explained that the concept of the Ride was approved back in May. It is to take place on August 26th and is a 60 mile slow parade type run and has been coordinated with all safety departments in all cities and towns that the ride will pass through. Every half-mile a sign is placed to give notice to motorists as to when to expect a delay. This is a police escorted run and the police are scheduled to help out at all intersections.
f. Amesbury Jets –
Request for Tag Days
Motion by Selectman Beaulieu,
Second by Selectman Richenburg; unanimously voted to approve the request to
hold tag days in
g. DEP Request to
Support Paper Recycle Campaign
Motion by Selectman Beaulieu,
Second by Selectman Richenburg; unanimously voted to support Mass. Recycling
and join the
h. National Grid – Set
Public Hearing for underground conduit construction
Motion by Selectman Beaulieu,
Second by Selectman Richenburg; unanimously voted to set a public hearing for
September 10, 2007, at 7:30 PM in the
BOARD OF SELECTMEN MINUTES OF AUGUST 13, 2007 MEETING
i. Vote re: redemption
of tax title property at
The Town Manager had provided a memo to the Selectmen summarizing the situation and he gave a brief overview of the issue at hand. Discussion ensued and the following action was taken:
“Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted that the Board of Selectmen, pursuant to Chapter 60 of the General Laws, grant the owners of the property at 56 Beach Road (Assessors Map No. 4, Lot 119) or their heirs or assigns the right to redeem said property, previously taken by the Town of Salisbury for non-payment of taxes, by paying to the Town all outstanding property taxes, water use charges, sewer betterment charges, interest, penalties and fees associated therewith, in the amount of $22,232.68; provided that such sum be paid to the Town of Salisbury on or before September 4, 2007.”
j. Vote to approve the
Comcast Contract
The Town Manager provided a summary of the 70 plus page contract and gave a brief overview regarding the process and what the Board is being asked to approve. He said that the Town’s 10-year license with Adelphia was taken over by Comcast and expired on January 25, 2007, and the renewal proposal was filed for a new 10-year license before that time. He added that the Town has been in negotiations for the past 10 months and has been represented by a lawyer who is an expert in cable contracts. Mr. Harrington said that he feels that the Town has received a fair deal. He noted that the Cable Advisory Committee met and outlined their main items of concerns at the beginning of the negotiation process, they were briefed along the way about the progress that was being made, and at the end of the process the Committee endorsed the renewal license. The Board of Selectmen is the issuing authority for the license and the Board now has before it a ten-year renewal license with Comcast.
Mr. Harrington then outlined some
of the major provisions of the renewal license.
He state that this is a non-exclusive license, which means the Town can
entertain cable offers from other companies such as Verizon who wish to offer
competitive cable services. Under the
contract the Town will be provided with funds to purchase taping and
broadcasting equipment and will receive funds to renovate a building for
community access activities. Town will
be required to provide staff to cover all meetings as of January 1, 2008. In order to do this Mr. Harrington and the
Cable Advisory Committee will be working on establishing a non-profit community
access corporation to run the program and to recruit additional volunteers. The
Selectmen will appoint a Board of Directors for the corporation, who would
determine what meetings and other events would be filmed and broadcast. In addition, a studio would be established in
a town-owned building on
Motion by Selectman Beaulieu, Second by Selectmen Richenburg; unanimously voted to approve and sign the renewal license with Comcast.
BOARD OF SELECTMEN MINUTES OF AUGUST 13,
2007 MEETING
k. Discussion of “Top
5” Selectmen and Town Manager Goals & Objectives
The Selectmen held a workshop in July to discuss and update the goals and objectives. Tonight each Selectman presented what he would consider as his top 5 priorities. The following is what the Board agreed are the top priorities:
V. Comments by Visitors
Mr. Masiello, representing the Salisbury Beach Betterment Association, stated that it’s been their goal to develop some handicap access ramps at the beach. They learned of a grant program of the Executive Office of Environmental Affairs that could provide funds and submitted an application under this program about a month ago and they are looking for support from the Selectmen to endorse the grant application and the ramp.
Motion by Selectman Richenburg, Second by Selectman Knowles; unanimously voted to support the Salisbury Beach Betterment Association’s grant application for the handicap ramp and to send a letter of support.
Representatives of the Brazilian Festival were present and explained what they planned on doing. Mr. Levesque said he has met with them as well as the Police Chief and will be meeting with the Board of Health. He indicated that if they fulfill all their issues and obtain the proper insurance he feels they can go ahead with their event. Selectman Hunt said he spoke with the Police Chief who is very upbeat and didn’t expect any problems since last year’s event went very well.
VI. Sewer/Water
Vote to adopt new water rates
The Selectmen held a public hearing last week regarding the increase in water rates. Selectman Klima noted that a lot of effort has been put into this issue and this is the 13th meeting relative to it. He thanked Selectman Richenburg for chairing the Water Rate Study Committee. The Town Manager presented a proposed vote and other documents needed to adopt new water rates, including a 3½% increase in monthly charges in 2007, 2010 and 2012 and changes in charges for certain services such as installing and taking out water meters. It is also proposed to reduce the prompt payment discount from 10% to 2 ½%. The Selectmen discussed, but did not adopt, a deferral of part of the reduction in the discount. The new rates and discount policy would be effective for all meter readings taken after September 1, 2007.
Motion by Selectman Richenburg, Second by Selectman Knowles; unanimously voted acting in their capacity as the Board of Water Commissioners, to adopt the following changes to the Salisbury Water Department’s Rules & Regulations:
Rule 12, Meter Tests and Test Fees, is hereby amended by deleting paragraph (d) and inserting in place thereof the attached amended paragraph (d) (page 9)
Rule 17, Turn-On, Turn-Off Charges/Service Fees, is hereby amended by deleting the Rule in its entirety and inserting in place thereof the attached amended Rule 17. (page 12)
BOARD OF SELECTMEN MINUTES OF AUGUST 13, 2007 MEETING
Rule 19, Terms of Payment, is hereby amended by deleting the words “on May 1st” and inserting in place thereof the following: (30 days from the date of bill,” and by deleting “ten” and “10%” and inserting in place thereof the following: “two and one half” and “2.5%,” respectively. (page 12)
Rule 20, Bill Disputes, is hereby amended by deleting the words “General Manager” and inserting in place thereof the following: “DPW Director.” (Page 13)
The Board of Water Commissioners further votes to adopt the following changes to the Salisbury Water Department’s Water Rate Schedule:
The Schedule for Metered Regular Water Customers is hereby amended by deleting the current Schedule in its entirety and inserting in place thereof the attached amended Water Rate Schedule for Metered Regular Water Customers. (Page 1)
The Schedule for Metered Seasonal Water Customers is hereby amended by deleting the current Schedule in its entirety and inserting in place thereof the attached amended Water Rate Schedule for Metered Seasonal Water Customers. (Page 2)
Other Services is hereby amended by deleting the current “Water Off/Meter Out,” and “Water On/Meter In,” “Frozen Meter,” “Collection Fee for Disconnections” and “Meter Tests at Customer Request” rates and hours of service in their entirety and replacing them with the attached amended “Water Off/Meter Out,” Water On/Meter In,” “Frozen Meter,” “Collection Fee for Disconnections” and “Meter Tests at Customer Request” rates and hours of service, respectively. (Page 3)
(A copy of the vote and pages referred to above is attached to these minutes and is on file in the Selectmen’s Office.)
Water Tank Update
Mr. Levesque presented options consisting of 4 different designs of what a water tank could look like. As for a completion time, once the bid is put out and awarded it would be a 400 day timeframe. Mr. Levesque asked if the Board could be prepared to comment and discuss this issue possibly at the next meeting.
VII. Correspondence
VIII. Hearings - none
IX. Town Manager’s Report
Mr. Harrington gave a brief overview of his written report, a copy of which is available in the Town Manager’s office.
BOARD OF SELECTMEN MINUTES OF AUGUST 13, 2007 MEETING
X. Selectmen’s Report
a.
Ratification of Signing of Weekly Warrants:
Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to ratify the signing of the following weekly warrants:
W08-6 Sewer-General W08-11 Gen., Sewer, Water
W08-12 CDBG W08-13 Community Development
W08-14 Gen., Sewer, Water W08-15 CDBG
W08-16 Community Development W08-18 General
W08-19 Town Payroll W08-20 Police Payroll
W08-21 Sewer Payroll W08-22 CDBG Payroll
W08-23 Gen., Sewer, Water W08-24 Sewer – Water
Selectman Beaulieu said that at the last meeting he had suggested that the Selectmen adopt a policy limiting the time for meetings of Town Boards and Committees and that the matter had
been referred to Town Counsel for advice. He reported that Town Counsel responded that the Town Charter allows Boards and Committees to set their own rules of procedure. However, he would still like to talk about the subject and asked Mr. Harrington to arrange for Town Counsel to hold a seminar on the proper conduct of meetings with the various Town Boards and Committees.
Selectman Hunt stated that it’s been a pretty good summer and he’s noticed how amazing it is as to how much work the DPW, Police and Fire Departments do.
XI. Executive Session - none
XII. Adjournment
Motion by Selectman Beaulieu, Second by Selectman Knowles; unanimously voted to adjourn at 9:35 PM.
Respectfully submitted:
Janet E. Flannery, Secretary
Approved: ___________________________ Fred Knowles, Clerk
RE: Page 9
12. METER TESTS AND TEST FEES
(a) All meters are tested before installation and periodically thereafter. The Department may at any time remove a meter for routine tests, repairs or replacement and may, at its option and expense, test any meter when the Department has reason to believe that it is registering inaccurately.
(b) The customer may request that Department test a meter for accuracy. Such special tests will be observed by the customer or his authorized representative during regular working hours (M-F 7:30AM – 3:30PM).
(c) Special test fees shown herein will be paid in advance by the customer. Should the meter be more than three (3) percent inaccurate, the fee will be returned to the customer and an appropriate adjustment will be made to current and previous bills. This correction will apply to both over and under registration. An accurate replacement meter will be installed.
(d) The following fees will be assessed for meter tests made at the customer’s request:
1” meter or
smaller - $25.00; $75.00 Over 1” - $35.00 $75.00
RE: Page 12
17. TURN-ON,
TURN-OFF CHARGE/SERVICE FEES:
Water Off/Meter Out at Customer Request
Regular
Hours (7:30 a.m. – 3:30 p.m.) 7:00 a.m. – 4:00
pm No Charge $75
Extended
Day (3:30 p.m. – 5:00 p.m.) $70
Night/Weekend
Callout $125
$150
Water On/Meter In at Customer Request
Regular
Hours (7:30 a.m. – 3:30 p.m.) (7:00 a.m.– 4:00
p.m)$15 $75
Extended
Day (3:30 p.m. – 5:00 p.m.)
$70
Night/Weekend
Callout
$125 $150
19. TERMS OF PAYMENT:
(a) All bills
for metered service (except for seasonal customers) will be rendered either
quarterly or monthly at the option of the Water Department. Bills to seasonal customers for service
charges and meter surcharges will be rendered and are due 30 days from date of bill.
on May 1st of each year for service to be
rendered during the current season. A discount of ten two and one half percent (10%) (2.5%) will be applied to bills paid within thirty
(30) days from date of bill. This
discount is not applicable to the meter surcharge. The Water Department reserves the right to
disconnect the service of any customer not having his account paid in full
within forty-five (45) days of the date of any bill.
(b) All other Department bills, fees, or charges will be payable when rendered and are not subject to any discount.
RE: Page 13
20. BILL
DISPUTES
1. Any questions regarding customers’ bills will first be referred to the service company personnel in this order:
a. Customer Service Representative
b. Customer Service Manager
c. Business Manager
d. General
Manager DPW Director
2. To help determine the reason for a disputed bill amount, the customer may request:
a. A new actual meter reading to confirm usage billed.
b. A meter test at the Department’s office at the customer’s expense, unless the meter proves to be malfunctioning, in which case the testing fee will be refunded and prior charges will be adjusted.
3. If the customer still disputes the amount of the bill, he/she may complete an abatement form and present it to the Water Commissioners. The Water Commissioners will review the abatement request and notify the customer of their decision.
4. Only after all previous steps above are followed, the customer may request a hearing before the Board of Water Commissioners in public session for a final review and decision by calling the Board of Water Commissioners and requesting to be put on the agenda of a subsequent Commission meeting.
RE: Page
1
SALISBURY WATER DEPARTMENT
Water Rate
Schedule
Metered Regular Water Customers
Availability: The following rates are available to all metered regular customers located on the mains of the Water Department, for all purposes except fire service, subject to the Rules and Regulations of the Water Department.
The standard Regular Customer Charge per month based on meter size is as follows:
Meter
Size Monthly Charge (3.5 % Increase)
9-1-2007* 7-1-2010*
7-1-2012*
5/8” $ 23.57 24.39 25.25 26.13
1” 58.92 60.98 63.12 65.33
1-1/2” 117.81 121.93 126.20 130.62
2” 188.50 195.10 201.93 208.99
3” 353.55 365.92 378.73 391.99
4” 589.08 609.70 631.04 653.12
6” 1,178.16 1,219.40 1,262.07 1,306.25
The Volumetric Charge for all water used is as follows:
Rate per 1,000 gallons $3.04 $3.15 3.26 3.37
Terms of Payment: All bills for metered service furnished under
the above rates will be rendered either quarterly or monthly at the option of
the Water Department. A discount of ten
percent (10%) two and one half percent (2.5%)
will be applied to bills paid within thirty (30) days from date of bill. The
Water Department reserves the right to disconnect the service of any customer
not having their account paid in full within forty-five (45) days of the date
of any bill.
* Revised Rates apply to meter readings taken after the date specified above.
RE: Page 2
Metered Seasonal Water Customers
Availability: This rate is available to all metered seasonal customers located on the mains of the Water Department, for all purposes except fire service, subject to the rules and regulations of the Water Department. Customers taking service only from May 1 to November 1 of each year will be classified as seasonal.
Seasonal Customer Service Charges: All metered seasonal water customers shall pay a service charge based upon the size of meter installed as follows:
Meter
Size Service Charge per
Season or Year (3.5 % Increase)
9-1-2007* 7-1-2010* 7-1-2012*
5/8” $ 282.84 $ 292.74 302.99 313.59
1” 707.04 731.79
757.40 783.91
1-1/2” 1,413.72 1,463.20 1,514.41 1,567.42
2”
2,262.00 2,341.17
2,423.11 2,507.92
3” 4242.60 4,391.09 4,544.78 4,703.85
4”
7,068.96 7,316.37
4,544.78 2,703.85
6”
14,137.92 14,632.75 15,144.89 15,674.96
The Volumetric Charge for all water used is as follows:
Rate per 1,000 gallons $3.04 $3.15 3.26 3.37
Terms of
Payment: Bills for service charges
and meter surcharges shall be rendered and are due thirty
(30) days from date of bill on May 1st of each year
for service to be rendered during the current season. Bills for water used may be rendered at the
end of the season or at more frequent intervals at the option of the Water
Department. A discount of ten percent
(10%) two and one half percent (2.5%) will
be applied to bills paid within thirty (30) days from date of bill.
The Water Department reserves the right to disconnect the service of any customer not having their account paid in full within forty-five (45) days of the date of any bill.
* Revised Rates apply to meter
readings taken after the date specified above.
RE: Page 3
Private Fire Service
Availability: These rates are available to all classes of customers located on the mains of the Water Department, for Private Fire Service, Sprinkler Service and Private Hydrant Service, subject to the Rules and Regulations of the Water Department.
Rate:
For Each Hydrant $ 799.30 per year
For Each Sprinkler Head 1.12 per year
For Each 1-1/2” Fire Hose 22.84 per year
Other To be determined by the Water Department
Terms of Payment: Bills shall be rendered and are due quarterly (every three months). The above rates are net and payable within forty-five (45) days of date of bill. The Water Department reserves the right to disconnect the service of any customers not having paid their account in full within forty-five (45) days of the date of the bill.
Special Provisions:
(a) All water will be used for fire service purposes only.
(b) The Water Department reserves the right, if water is used in violation of (a) above, to install a meter on the connection at any time which will meet the regulations of the fire insurance companies. In the event a meter is installed the customer will pay for the cost of the meter, a meter installation charge to be determined by the Water Department and the established service charges for regular or seasonal water customers, in addition to the above rates for Private Fire Service.
Other Services
Availability: These rates are available to all classes of customers located on the mains of the Water Department, subject to the Rules and Regulations of the Water Department.
Water Off/Meter Out at Customer Request
Regular
Hours (7:30 a.m.-3:30 p.m.) (7:00 a.m. – 4:00
p.m.) No Charge $75
Extended
Day (3:30 a.m. – 5:00 p.m.) $70
Night/Weekend
Callout $125 $150
Water On/Meter In at Customer Request
Regular
Hours (7:30 a.m. – 3:30 p.m.) 7:00 a.m. – 4:00
p.m.) $15 $75
Extended Day (3:30 p.m. – 5:00 p.m.) $70
Night/Weekend
Callout $125 $150
RE: Page 4
Frozen Meter
Regular
Hours (7:30 a.m. -3:30 p.m.) $15
$75/Hr, plus cost of meter and parts
(7:00 a.m. – 4:00 p.m.)
Extended Hours (3:30 a.m. – 5:00 p.m.) $70, plus cost of meter
Night/Weekend
Callout $125.
$150/Hr, plus
cost of meter and parts
Collection Fee for Disconnections
(including site visits when payment is made to avoid disconnection)
During
Regular Hours (7:30 a.m. – 3:30 p.m.) $15 $75 (7:00 a.m. – 4:00 p.m.)
Non-regular Hours $70 $150
Meter Tests at Customer Request
1” meter
and less $25 $75
Larger
than 1” $35 $75
Backflow Device Tests per Device $75
Each
Additional Device
$25
(Cross
Connection Fees)
Return Check Fee
$25
New Service Pipe on Existing Main Actual Cost/Time and
Materials/Meter
Main Pipe Extensions Developer
builds to Town specs,
pays
all cost, including meters,
transfers
to Town on acceptance
at
no charge.
Design, Review and Inspection Fees
Per
foot up to 500 feet $3.00
Per
foot for 500 to 1,000 feet $2.25
Per
foot over 1,000 feet $1.50
Run Hydraulic Model $75
per run
Terms of Payment: Bills for Other Services shall be rendered and are due
within thirty (30) days from date of bill and are not subject to a prompt
payment discount. The Water Department
reserves the right to disconnect the service of any customer not having their
account paid in full within fort-five (45) days of any bill.
Note: These rates apply to all water and other services provided
to customers by the Town of Salisbury Water Department or its contractors.